Weingarten Rights
Employees in the United States have the legal right to have union representation present at disciplinary investigation meetings as part of the Weingarten Rights. In the 1975 case NLRB v. J. Weingarten, Inc., the U.S. Supreme Court established these rights for employees who are covered by a collective bargaining agreement. They allow employees to request the presence of a union representative at meetings that could have an impact on their employment.
The goal of Weingarten Rights is to make it possible for employees to have a union representative present at investigatory meetings to help and support them. With these rights, employees can have someone who knows about their rights and interests at work present at discussions that could affect their employment. During such meetings, the power dynamics between the employer and employee can be balanced by the presence of a union representative, who can assist employees in understanding their rights, asking pertinent questions, providing information, and advocating on their behalf.
Before or during the investigatory meeting, employees covered by a collective bargaining agreement must clearly request union representation in order to exercise their Weingarten Rights. The employer can either grant the request and allow the union representative to be present or reject the request, which could violate the rights of the employees, once the request has been made. Employees need to know about and know how to use their Weingarten Rights whenever they need to. It is the responsibility of employers to inform workers of their Weingarten Rights and to ensure that they adhere to labor laws and collective bargaining agreements.